06 LC 33
0971
House
Bill 1055
By:
Representatives Keown of the
173rd,
Freeman of the
140th,
Hill of the
21st,
Setzler of the
35th,
Black of the
174th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 20 of the Official Code of Georgia Annotated, relating to education,
so as to provide for a short title; to provide for the adoption and
implementation of Internet safety policies in public schools; to provide for the
adoption and implementation of Internet safety policies in public libraries; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Child Internet Protection
Act."
SECTION
2.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
in Part 15 of Article 6 of Chapter 2, relating to miscellaneous provisions
relative to the "Quality Basic Education Act," by inserting a new Code section
to be designated Code Section 20-2-324 to read as follows:
"20-2-324.
(a)
As used in this Code section, the term:
(1)
'Acceptable-use policy' means a policy for Internet usage adopted by a local
board of education that meets the requirements of this Code
section.
(2)
'Child pornography' means any computer depiction or other material depicting a
child under the age of 18 years engaging in sexually explicit conduct or in the
simulation of such conduct.
(3)
'Harmful to minors' has the meaning given to such term in Code Section
16-12-100.1.
(4)
'Internet' means a global network that connects computers via telephone lines,
fiber networks, or both to electronic information.
(5)
'Obscene' has the meaning given to such term in Code Section
16-12-80.
(6)
'Sexually explicit conduct' has the meaning given to such term in Code Section
16-12-100.
(b)
No later than January 1, 2007, each local board of education shall adopt an
acceptable-use policy for its school system. At a minimum, an acceptable-use
policy shall contain provisions which are reasonably designed to:
(1)
Prevent students and employees of the school system from using any computer
equipment and communication services owned or leased by the school system for
sending, receiving, viewing, or downloading visual depictions of obscenity,
child pornography, or material that is harmful to minors;
(2)
Establish appropriate measures to be taken against students and school employees
who willfully violate the acceptable-use policy; and
(3)
Provide for expedited review and resolution of a claim that the policy is
denying a student or school employee access to material that is not within the
prohibition of the acceptable-use policy.
(c)
A local board of education shall take such steps as it deems appropriate to
implement and enforce the acceptable-use policy, which shall include, but not be
limited to:
(1)
Use of software programs reasonably designed to block access to visual
depictions of obscenity, child pornography, and material that is harmful to
minors; or
(2)
Selection of online servers that block access to visual depictions of obscenity,
child pornography, and material that is harmful to minors.
(d)
Each local school system shall provide, upon written request of a parent or
guardian, a copy of the acceptable-use policy adopted pursuant to subsection (b)
of this Code section.
(e)
The Attorney General and the department shall consult with and assist any local
board of education in the development and implementation of an acceptable-use
policy pursuant to this Code section.
(f)(1)
No later than January 31, 2007, each local board of education shall submit a
copy of the acceptable-use policy adopted pursuant to subsection (b) of this
Code section to the State Board of Education. Such submission shall also include
the identification of any software program or online server that is being
utilized to block access to material in accordance with subsection (c) of this
Code section.
(2)
The State Board of Education shall review each acceptable-use policy and any
subsequent revisions submitted pursuant to paragraph (3) of this subsection. If
the state board determines after review that a policy or revision is not
reasonably designed to achieve the requirements of this Code section, the state
board shall provide written notice to the local board of education explaining
the nature of such noncompliance and the local board of education shall have 30
days from the receipt of written notice to correct such noncompliance. The state
board may provide an extension to the 30 day period on a showing of good
cause.
(3)
No revision of an acceptable-use policy which has been approved by the state
board pursuant to paragraph (2) of this subsection shall be implemented until
such revision is approved by the state board. If the state board fails to
disapprove the revision within 60 days after the submission is received, the
local board of education may proceed with the implementation of the
revision.
(4)
The state board shall be authorized to withhold a portion of state funding to a
local school system if the local board of education:
(A)
Fails to timely submit an acceptable-use policy in accordance with paragraph (1)
of this subsection;
(B)
Submits an acceptable-use policy that is not reasonably designed to achieve the
requirements of this Code section; or
(C)
Is not enforcing or is substantially disregarding its acceptable-use
policy.
(5)
If the state board disapproves an acceptable-use policy of a local board of
education or any revision thereof or notifies the local board of education that
it is subject to the withholding of funding pursuant to paragraph (4) of this
subsection, the local board of education may appeal the decision to the superior
court of the county where the local board of education is situated.
(g)(1)
The state board shall be responsible for conducting investigations and making
written determinations as to whether a local board of education has violated the
requirements of this Code section.
(2)
If the state board determines that a local board of education is in violation of
the requirements of this Code section, it shall direct the local board of
education to acknowledge and correct the violation within 30 days and to develop
a corrective plan for preventing future recurrences.
(h)(1)
Notwithstanding any other provision of this Code section to the contrary, an
administrator or supervisor of a local school system, or designee thereof, may
disable the software program or online server that is being utilized to block
access to material for an adult or for a minor who provides written consent from
his or her parent or guardian to enable access to the Internet for bona fide
research or other lawful purpose.
(2)
Nothing in paragraph (1) of this subsection shall be construed to permit any
person to have access to material the character of which is illegal under
federal or state law.
(i)
A local board of education which is fulfilling the requirements of the federal
Childreńs
Internet Protection Act, P.L. 106-554, is not required to comply with this Code
section."
SECTION
3.
Said
title is further amended in Article 1 of Chapter 5, relating to state public
library activities, by inserting a new Code section to be designated Code
Section 20-5-5 to read as follows:
"20-5-5.
(a)
As used in this Code section, the term:
(1)
'Acceptable-use policy' means a policy for Internet usage adopted by the
governing board of a public library that meets the requirements of this Code
section.
(2)
'Child pornography' means any computer depiction or other material depicting a
child under the age of 18 years engaging in sexually explicit conduct or in the
simulation of such conduct.
(3)
'Harmful to minors' has the meaning given to such term in Code Section
16-12-100.1.
(4)
'Internet' means a global network that connects computers via telephone lines,
fiber networks, or both to electronic information.
(5)
'Obscene' has the meaning given to such term in Code Section
16-12-80.
(6)
'Sexually explicit conduct' has the meaning given to such term in Code Section
16-12-100.
(b)
No later than January 1, 2007, the governing body of each public library shall
adopt an acceptable-use policy for its public library system. At a minimum, an
acceptable-use policy shall contain provisions which are reasonably designed
to:
(1)
Prevent library patrons, including those patrons under 18 years of age and
library employees from using any computer equipment and communication services
owned or leased by the public library for sending, receiving, viewing, or
downloading visual depictions of obscenity, child pornography, or material that
is harmful to minors; and
(2)
Establish appropriate measures to be taken against library patrons and employees
who willfully violate the acceptable-use policy.
(c)
A public library shall take such steps as it deems appropriate to implement and
enforce the acceptable-use policy, which shall include, but not be limited
to:
(1)
Use of software programs reasonably designed to block access to visual
depictions of obscenity, child pornography, and material that is harmful to
minors; or
(2)
Selection of online servers that block access to visual depictions of obscenity,
child pornography, and material that is harmful to minors.
(d)
A public library shall not be subject to civil liability for damages to any
person as a result of the failure of any approved software program or approved
online server to block access to visual depictions of obscenity, child
pornography, and material that is harmful to minors. Nothing in this Code
section shall be deemed to abrogate or lessen any immunity or other protection
against liability accorded to public libraries under an existing law or court
decision.
(e)
The Attorney General and the board of regents shall consult with and assist any
public library in the development and implementation of an acceptable-use policy
pursuant to this Code section.
(f)(1)
No later than January 31, 2007, each public library shall submit a copy of the
acceptable-use policy adopted pursuant to subsection (b) of this Code section to
the board of regents. Such submission shall also include the identification of
any software program or online server that is being utilized to block access to
material in accordance with subsection (c) of this Code section.
(2)
The board of regents shall review each acceptable-use policy and any subsequent
revisions submitted pursuant to paragraph (3) of this subsection. If the board
of regents determines after review that a policy or revision is not reasonably
designed to achieve the requirements of this Code section, the board of regents
shall provide written notice to the public library explaining the nature of such
noncompliance and the public library shall have 30 days from the receipt of
written notice to correct such noncompliance. The board of regents may provide
an extension to the 30 day period on a showing of good cause.
(3)
No revision of an acceptable-use policy which has been approved by the board of
regents pursuant to paragraph (2) of this subsection shall be implemented until
such revision is approved by the board of regents. If the board of regents fails
to disapprove the revision within 60 days after the submission is received, the
public library may proceed with the implementation of the revision.
(4)
The board of regents shall be authorized to withhold a portion of state funding
to a public library if the public library:
(A)
Fails to timely submit an acceptable-use policy in accordance with paragraph (1)
of this subsection;
(B)
Submits an acceptable-use policy that is not reasonably designed to achieve the
requirements of this Code section; or
(C)
Is not enforcing or is substantially disregarding its acceptable-use
policy.
(5)
If the board of regents disapproves an acceptable-use policy of a public library
or any revision thereof or notifies the public library that it is subject to the
withholding of funding pursuant to paragraph (4) of this subsection, the public
library may appeal the decision to the superior court of the county where the
public library is situated.
(g)(1)
The board of regents shall be responsible for conducting investigations and
making written determinations as to whether a public library has violated the
requirements of this Code section.
(2)
If the board of regents determines that a public library is in violation of the
requirements of this Code section, it shall direct the public library to
acknowledge and correct the violation within 30 days and to develop a corrective
plan for preventing future recurrences.
(h)(1)
Notwithstanding any other provision of this Code section to the contrary, an
administrator or supervisor of a public library, or designee thereof, may
disable the software program or online server that is being utilized to block
access to material for an adult or for a minor who provides written consent from
his or her parent or guardian to enable access to the Internet for bona fide
research or other lawful purpose.
(2)
Nothing in paragraph (1) of this subsection shall be construed to permit any
person to have access to material the character of which is illegal under
federal or state law.
(i)
A public library which is fulfilling the requirements of the federal
Childreńs
Internet Protection Act, P.L. 106-554, is not required to comply with this Code
section."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.